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Are There Two Earls of Mar?

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Are There Two Earls of Mar? /'t-W Digitized by the Internet Archive in 2011 with funding from National Library of Scotland http://www.archive.org/details/aretheretwoearls1876roun Second Edition. ^v I OUT WITH IT BOLDLY, TRUTH LOVES OPEN DEALING," —Shakespeare. ARE THERE TWO EARLS OF MAR? BASIL MONTAGU PICKERIN G, 196 PICCADILLY, LONDON. EDMONSTON & DOUGLAS, ' 88 PRINCES STREET, EDINP.URGH. ^-7 1876. ;.fr a ^> &*$)TK uJ?t Price One Shiliuisr. St OUT WITH IT BOLDLY, TRUTH LOVES OPEN DEALING." —Shakespeare. ARE THERE TWO EARLS OF MAR? BASIL MONTAGU PICKERING, 196 PICCADILLY, LONDON. EDMONSTON & DOUGLAS, 88 PRINCES STREET, EDINBURGH. I876. — " An honest tale speeds best being plainly told." Richard III., Act 4. Sc. 4. ARE THERE TWO EARLS OF MAR ? (A DIALOGUE.) Q. So there appear to be two Earls of Mar ! What is the difference between them ? A. It is not difficult to ascertain—the matter has been made so public, and it is well it should be so. In shewing the difference between the two Earls I should not venture to make assertions which at first may seem bold, if not incredible, without in every instance proving them, were it not that the facts of the case have already been widely published. The " Judgment " in the Mar Peerage Case, given on February 25, 1875, by a Committee for Privileges, (consist- ing of Lords Chelmsford, Cairns, and Redesdale) together with reprints of the Royal Charters, Acts of Parliament, and other official documents relating to the case, with criticisms on the whole matter, have been put together in the form of a volume, called " Ancient and Modern," which has been placed in the hands of every Peer, M.P., Q.C., and of most of the leading families in the kingdom. This volume can also be seen at the principal circulating libraries in Edinburgh. Further, to verify the statements and authenticity of the Charters and various documents reprinted in it, it has been arranged that at 283 Regent Street, London, may be seen (gratis) the officially printed " Minutes of Evi- dence " before the House of Lords in the Mar Peerage Case with the whole of the "cases" and pleadings of counsel on both sides (in print), with the opinion (adverse to Lord Kellie) of the Law Officers representing the Crown, the Attorney- General for England, and the Solicitor-General for Scotland, delivered in the House of Lords, June 16, 1874. 2 Are thei'e Two Earls of Mart Q. Surely this is an intricate legal subject few could under- stand ? A. On the contrary, the whole matter is wonderfully free from legal technical difficulties, and it can be understood almost by a child. I will proceed to explain the difference between the two Earldoms of Mar, and at the outset I do not hesitate to describe Lord Kellie's new Mar title as an official fiction, and to say that the judgment of February 25, 1875 is against Facts, Evidence, Law, and Justice. You may be shocked at the violence of these expressions, but I doubt not that you will, in common with thousands of others, pronounce the same opinion on reviewing the judg- ment of Lords Chelmsford and Redesdale when confronted with the evidence before them. (The very few observations made by Lord Cairns can scarcely be termed a judgment, for his Lordship left the matter virtually to the very matured wisdom of my Lord Chelmsford, and to the views and expres- sions of Lord Redesdale, who is not strictly a Law Lord, and whose prejudice against succession through ladies is so notorious that I believe he has never written a judgment in favour of female descent, though several decisions have been given of late years in favour of that line of succession.) The position of the gentleman who has been distinguished as the real Earl of Mar, is the nephew and nearest heir, or next of kin, of the last Lord Mar, whom he succeeded on June 19, 1866. For about a quarter of a century (since the death of his mother, Lady Frances, in 1842) he had been entered in all the " Peerages " as the heir to the Mar Earldom, and was acknowledged by all the family (including his uncle, Lord Mar) as the future successor to that ancient dignity. On the death of his uncle he succeeded without dispute, and went through all the usual legal forms required by Scotch Peers, and, moreover, he and his wife have been repeatedly received by Her Majesty at Court as the Earl and Countess of Mar. Q. May I ask, Was he recognised by the House of Lords ? A. No ; simply because Scotch Peers are not required to seek the recognition of that House, which is only natural, as Are there Two Earls of Mar ? 3 they are debarred from an hereditary seat in the House of Lords. Q. Was not the late Lord Mar, who died in 1866, Earl of Mar and Kellie ? A. Yes ; he succeeded his father as Earl of Mar, and many years afterwards he claimed the Kellie title as a remote heir-male of a former Earl of Kellie, finding there was a small property attached to the Kellie title which would pay the * law expenses incurred in the claim The titles of Mar and Kellie had never before been united. Q. Do I understand rightly that this Lord Mar, who died in June 1866, was succeeded in the Earldom of Mar by his nephew as his heir general, or next of kin, and in the Kellie Earldom by his cousin the heir-male ? A. Quite so. At this time Lords Mar and Kellie were on extremely good terms, and I may add, that Lord and Lady Mar some months after this stayed on a visit to Lord and Lady Kellie at Tillicoultry ; but this friendship proved afterwards any- thing but advantageous to Lord Mar. Q. Why, how was that ? A. All the Mar deeds (contained in some half-dozen chests) were in Lord Kellie's hands. Lord Mar naturally did not trouble to investigate them at the time of his uncle's death, as there was no dispute raised, and thinking there would be no difficulty in seeing them at any time if he should wish it. On Lord Kellie unexpectedly commencing in the following year a claim for an Earldom of Mar, Lord Mar, who naturally opposed his cousin's claim, but who claimed nothing for himself (being already in possession of the ancient Earldom of Mar—the only Mar title on the Union Roll of Scotch Peers), was astonished to find that Lord Kellie denied him all access to the Mar deeds, and even refused him an inventory of them. Further, you will see that Lord Kellie and his son (holding exclusively all these Mar deeds), proceeded to repudiate and discredit what not only the Mar family but all Scotland had ever cherished and upheld. * " See Minutes of Evidence," House of Lords, Kellie Peerage Case, pp. 69, 70. 4 Are there Two Earls of Mar? Q. Has not the Earldom of Mar been universally regarded by Scotland as one of her oldest titles ? A. Yes. All writers on Scotch Peerages and Scottish family history, among others " the great and accurate Lord Hailes," Douglas' " Peerage " (the standard work for Scotland), Tytler's "History of Scotland," and Riddell on "Scotch Peerage Law" (published in 1842), have upheld the Mar Earldom as the oldest in the Kingdom, as descendible to and through females, and as having been held by several countesses in their own right, * and thus it continues to be so descend- ible. It is simply a fact, which no one has attempted to dispute, that the title of Mar has never been held by an heir- male to the exclusion of the heir-general, and that Lord Kellie's opponent, Lord Mar, is heir-at-law and legal repre- sentative of his uncle, the last Lord Mar, and heir-of-line of the Earls restored in 1824 and 1565. The Earls of Mar (including the last Lord who died in 1866) have naturally been ever proud of the great antiquity of their Earldom, and have asserted their right to be premier Earl of Scotland through female succession, to which position they of course could not have aspired as representatives of Lord Kellie's new title of Mar "created in 1565" and restricted to heirs-male (as adjudged by the Committee in 1875). Q. Will you tell me as briefly as possible the history of the aticient Earldom of Mar ? A. It will suffice to begin with the history of of Isabella (or Isabel) Douglas, who succeeded in her own right to the Earl- dom of Mar and Lordship of Garioch through her mother, the Countess Margaret, who in 1377 succeeded her brother Thomas, son of Donald, son of Gratney, Earl of Mar, who married the sister of King Robert the Bruce. This was regarded as beyond dispute by the Law Officers representing the "Crown" in 1874, who, in their decision against Lord Kellie, for the guidance of the Committee for privileges, expressed themselves on the rights of Isabella as " follows : This is important,—you have got the Earldom of Mar, to which Thomas, Earl of Mar, was entitled, assumed on * In adjudging the Sutherland Case in 1771, the House of Lords ruled that an Earldom having even once only passed to a female heir, the succession must continue in the same line. — Are there Two Earls of Mar ? 5 his death in 1377 by his sister Margaret, and the benefit of it also taken by the sister's husband through the courtesy.
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